A series of cases launched under article 301 of the Turkish Penal Code last year for criticism of state institutions have started to show their bitter results in the first three months of 2006:
Since June 1, 2005, more than 40 journalists, writers, activists, lecturers and unionists have come face to face with 301 cases that have recently led to the conviction of journalist Sabri Ejder Ozic, human rights activist Eren Keskin and unionists Hanefi Bekmezci and Huseyin Ser.
Last year, Emin Karaca, Burak Bekdil, Aziz Ozer, Erkan Akay and writer Zulkuf Kısanak were also convicted under the same article.
"Societies cannot advance under compensation threat"
Criticising "Turkisism" or state institutions such as the police and military, covering daily developments on human rights issues such as torture and extra-judicial killings, or debate on historical developments continue to create problems in the country.
An example to this is the prosecution of Professor Dr. Ibrahim Kaboglu, the former head of the Human Rights Advisory Board of the Prime Ministry (BIHDK), and board member Professor Doctor Baskin Oran for publishing their Minority Rights and Cultural Rights Working Group Report. Both have been accused of "dangerous incitement of public hatred and enmity" and "public humiliation of the court's authority".
Another example of intolerance is Prime Minister Recep Tayyip Erdogan's determination to take people of opinion to courts despite four such attempts backfiring and taking no heed of the European Council Advisory Decisions that calls upon politicians to be open to heavy criticism.
The Prime Minister has lost the suit for damages he launched against the Gunluk Evrensel (Daily Universal) newspaper related to SEKA workers and had his case against the Penguen magazine that published cartoons under the title "The Universe of Tayyips" rejected. Even Ankara's 1st Court of First Instance judge Beyhan Azman said in the public detailed verdict on the cartoons dismissing Erdogan's charges that "societies cannot advance with scientists, artists, writers and cartoonists being silenced by the weapon of compensation". But the Prime Minister has appealed against this verdict.
Reformist Government Now Against Reforms
Concerns with regard to possible consequences were voiced by various circles including professional press organisations well in advance of the new Penal Code going into force. On top of these, same members of the government that had urgently wanted to amend the Code to "expand freedoms" are now attempting to bring regulations in force that will restrict the freedom of expression.
The Prime Minister himself has filed a suit for damages demanding 10,000 YTL each from the Gunluk Evrensel newspaper and its writer Yucel Sarpdere for publishing the the song "We walked these roads together" after changing its lyrics. He is demanding 20,000 YTL each in a suit for damages against the daily Cumhuriyet (Republic) newspaper and its writer Ilhan Selcuk for covering statements made by main opposition Republic Peoples Party (CHP) parliamentary acting group chairman Haluk Koc with regard to his private assets. He is also suing Birgun (One Day) newspaper writer Erbil Tusalp for 10,000 YTL for criticising a case launched against Rector Professor Dr. Yucel Askin.
This approach by Erdogan has even led to a court case demanding two years imprisonment for farmer Mustafa Kemal Oncel who, during a public appearance, called out to the Prime Minister saying "farmers are bleeding, how can you show your face here?" Erdogan had asked the farmer to approach him and after insulting him had told him off saying "go and take your mother with you".
301 Cases on the Streets
The "Media Freedom and Independent Journalism Monitoring and News Network" (BIA2) project, has published its three month Media Observation report on May 3 coinciding with the World Press Freedom Day, stressing that article 301 of the Turkish Penal Code now threatens even ordinary citizens who criticize state institutions.
The report, covering the January-February-March 2006 period, reveals that cases launched under article 301 have threatened not only people expressing their opinions but even ordinary citizens on the streets who have criticised practices enforced by state institutions and they too are now face to face with imprisonment.
A most recent example of this cited in the 11-page report on the conditions of 84 journalists, publishers and activists on trial and reflecting the trials and struggles in 50 cases and the freedom of expression conditions of 148 individuals, is an incident in Istanbul involving business operators.
A case launched under article 301 of the Penal Code against nine business operators who in Istanbul's Kumkapı district hanged placards on their work places protesting the police, resulted with an acquittal for the suspects in its first hearing on March 24. Istanbul's 2nd Criminal Court of Peace decided not to hear two of the defendants who were not present at the hearing and acquitted the businessmen.
The defendants, operating businesses such as restaurants, bar and discos that provide alcohol to clients hanged placards on the walls of their businesses on November 24, 2005, saying "We have closed down our business for a day due to the practices and pressures of the police conducting arbitrary controls against the law" which was enough to charge them on 301.
How was Ilyas Aktas Killed?
In the first three months of 2006, a total of 5 journalists and two newspaper facilities were attacked, one free-lance reporter working for the Devrimci Demokrasi (Revolutionary Democracy) newspaper was wounded by gun fire and died two weeks later.
Demonstrators in Batman protesting the incidents in Diyarbakir at the end of March staged an attack on journalist Nizamettin Izgi's "Batman" newspaper. The Sonsoz Printing Works where the news department was based, were damaged.
Dicle News Agency (DIHA) reporter Sakir Uygur who was covering the incidents in Diyarbakir sparked off during a March 30 funeral ceremony, was shot and wounded in the foot as result of police opening fire.
Ilyas Aktas, a reporter for the Devrimci Demokrasi newspaper, was severely injured when fired upon during the same incidents too. Relatives later said police officers had opened fire from the other side of the road but the journalist died two weeks later while in intensive care.
Recalling that the last journalist death was recorded in Ankara in 1999 with the assassination of Ahmet Taner Kislali, the BİA² Media Observation Desk wants officials to investigate the exact conditions in which Aktas was shot and for the results to be revealed.
Journalist Detentions
In the first three months of 2006, one journalist was detained, two reporters detained and put in prison while 3 journalists were still behind iron bars.
"Sabah" newspaper writer Mahmut Ovur was placed under custody on the morning of February 1 at around 0530 while staying in a hotel in Ankara due to a lack of communication between court officials and the police. Two police officers informed Ovur there was "an arrest warrant for him" and took him to the East Police Station and later to the Ankara Security Directorate Public Order Branch where he was informed he was being searched for under a libel case launched years ago when he was the editor of Kanal 6 (Channel 6). It turned out, however, the journalist was detained because the court had failed to inform the police that the case had resulted with an acquittal.
The Press Council, which on March 27 released its "Report on Persons in Prison in the Capacity of Journalists" as of January 1, 2006 stated there were three individuals in Turkey who were in prison in the capacity of journalism. The Press Council identified these individuals as "Isci Koylu" magazine Editor Baris Acikel, "Mavi" (Blue) and "Kent" (City) newspapers editor Cengiz Dogan and "Isci Koylu" newspaper Editor-in-Chief Memik Horuz held at the Kocaeli Number 2 F-type prison.
Memik Horuz who is on the "Journalists in Prison" list of Reporters without Frontiers (RSF) and the Press Council may be released from prison in January 2007. "Isci Koylu" (Worker Peasent) magazine Editor-in-Chief Horoz was sentenced to 15 years imprisonment for membership to the Workers-Peasents Liberation Army of Turkey (TIKKO) organisation. His case is to be reviewed under the new Turkish Penal Code Number 5237 after fulfilling his minimum prison sentence period before conditional release under the old Penal Code.
In addition to these, DIHA reporters Evrim Dengiz and Nesrin Yazar were detained in Mersin on February 15 while covering protests held to mark the 7th anniversary of Kurdistan Workers Party (PKK) leader Abdullah Ocalan's capture in Kenya and transfer to Turkey. The journalists were then arrested under article 302/1 of the Penal Code charged with "separating a part of land from under the sovereignty of the state through force" on February 18 and placed in the Mersin E-type prison.
Good news from courts too
But there was also good news from courts under the practical application of the Turkish Penal Code in 2006.
The case against Sol (Left) magazine writer, retired captain Murat Papuc, for his 1999 book "Abandoning the guard duty on the painted bench" on grounds of openly insulting the armed forces was dismissed due to statue of limitations.
Egitim-Sen Tunceli Branch chairman Hanefi Bekmezci was acquitted in a case against him for condemning the internal exile of 12 public workers and the controversial Semdinli incidents.
EMEP Hozat district chairman Erdem Ulas Celik was acquitted on charged of displaying a photograph of Deniz Gezmis on the party building window.
Istanbul's Kucukcekmece Republic Prosecutor's Office decided on a dismissal of proceedings against journalist Hirant Dink for an interview he gave to the Star newspaper which was subject to a complaint by the Jurists Union.
The Beyoglu Republic Prosecutor's Office meanwhile, concluded its investigation against Turkey-EU Joint Parliamentary Commission Co-Chair Joost Lagendijk deciding on a dismissal of proceedings. The investigation was started on a complaint made by attorney Kemal Kerincsiz.
216 still a problem, military court era not over
The practical application of article 216 of the new Penal Code which is an amended version of former article 312 that was used to punish "hatred and enmity" offences is still a matter of complaint.
Yeni Asya (New Asia) newspaper writer Sami Cebeci was sentenced to 15 months imprisonment for two articles on the August 17 earthquake branding the occurrence as a "holy warning".
Furthermore, despite accession talks with the EU, civilians in Turkey can still be put on trial in military courts.
If the military prosecutor does not object for the second time, the case against journalist Abdurrahman Dilipak who authored an article titled "When the Pasha's don't listen" in the "Friday in Turkey" magazine will finally be heard at a civilian court.
TMY prison threat for five
The government's new Anti-Terror Law (TMY) devised to strengthen the hand of security forces in their counter-terrorism efforts has fallen under heavy criticism from various professional organisations.
Journalist Ertugrul Mavioglu who debated the topic of the September 12, 1980 military coup on ATV Television's "Siyaset Meydani" (Political Arena) as well as the program's announced Ali Kirca were acquitted on February 7 on charges of insulting judge Orhan Karadeniz and violating the TMY.
Prosecutors are demanding five years each for Nese Duzel of the Radikal (Radical) newspaper for her interview titled "Ocalan will be freed one day" and Democratic Society Party (DTP) founding member Orhan Dogan who she interviewed.
Hurriyet newspaper reporter Sebati Karakurt who interviewed militants of the Kongra-Gel organisation on Kandil Mountain and published it as a news report together with responsible editors Necdet Tatlıcan and Hasan Kılıc are still on trial under the TMY.
"Court Interventions" continue
Last year alone 17 journalists in Turkey faced charges of "intervening in court proceedings" through reports they filed although some of these cases led to acquittal.
On March 23 the Bagcilar Public Prosecutor's Office launched a case against "Radikal" (Radical) newspaper reporter İsmail Saymaz for "interpreting legal proceedings" by publishing a doctor's report while voicing allegations of torture of children. Editor Hasan Çakkalkurt ve Publications Manager Ismet Berkan will also appear at Court on June 8, alongside Saymaz, to be tried under article 19 of the Press Law.
115.730 YTL compensation to ECHR cases
European Court of Human Rights cases against Turkey concluded in the first three months of 2006 have cost the country a total of 115.730 YTL (80,464 Euro) in compensation for journalist killings, freedom of expression violations and judicial proceedings related to these.
More important was that the ECHR verdicts convicted practices such as the past State of Emergency Law, the State Security Courts, the Law on Meetings and Demonstrations, the TMY and the Law to Protect Ataturk. (EO/II
